2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 8 June 2022.
8. What assessment has the Counsel General made of the impact of the Queen's Speech on issues that are within the Senedd's legislative competence? OQ58129
Thank you for the question. I issued a written statement on 13 May that contained my analysis of the UK Government's legislative programme, and particularly on where the consent of the Senedd would likely be required.
Thank you for that response. The Queen's Speech mentions legislation on issues that are within the competence of our Senedd, such as the genetic modification Bill, for example. This will certainly mean that we will see more LCMs here, but as we know from experience, the LCM system is entirely inadequate. We don't have time to scrutinise, never mind consult, and bit by bit, as the LCMs go by, Wales loses a few more of our devolved powers, as Westminster takes this power back a little bit at a time. So, what steps are you taking to ensure, first of all, that we have sufficient time to scrutinise, and, secondly, do you agree that the system would be far better if these issues had been devolved fully to Wales?
Thank you for the question. I think much of the comments I agree with. Just in respect of the Queen's Speech, I mean, you're right, there are a whole number of pieces of legislation that we have to consider, some of which impact on devolved areas. In accordance with our own Standing Orders and constitutional obligations, we have to consider those and decide whether or not we will agree to consent to that legislation, and this inevitably results in often very torturous processes of discussion and negotiation. Certain areas are clear as to whether they're devolved or reserved, some may have cross-border issues and so on. So, there are many issues there. One of them will be, for example, the issue of the so-called Brexit freedom Bill and the issue of EU-retained law, and, of course, in that instance, we have at least been promised that we'll be involved in the early construction of the legislation or the identification of those issues relevant to Wales.
One of the problems, of course, in terms of resources, is if you are only given a day's notice for a piece of legislation, the ability for this Parliament to be able to properly consider those issues becomes very, very limited. It's a wholly inadequate process, one that has been subject, I think, to considerable abuse. There have been examples where there's been very co-operative and productive working, such as, for example, on the common frameworks. But the Queen's Speech involved a large number of pieces of legislation. I think the ultimate point that really arises from it is that in order to deal with those responsibilities, we need a sufficient number of Members in this Chamber who actually are able to develop the levels of expertise and specialism in those areas. Because it is not only the work we create ourselves in terms of our own legislative programme, but the way in which we have to engage with the other Parliaments of the UK, including the Westminster Parliament, in respect of their legislation and the impacts that has on Wales.
I thank the Counsel General.